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DRAKES BAY OYSTER COMPANY 17171 Sir francis Drake Blvd., lnvcrness~ CA 94937

California Coastal Commission Attn: Io Ginsberg 45 fremo:1t Streee, SUlte 2000 San Francisco, CA 94105

l\ovember 14,2008

RE: Consent Cease & Desist Order No. CCC-07-CD-Il

Dear Ms. Ginsberg,

RF: • \.' £,: n l ". U

NOV] 4 zn08 ;;,[,J ',r()~~,i ;;;:'

~C>A.;(: ""_l. cord \1::: S[O ~;

Enclosed please find the additional documentatIOn required to comply wIth the Consent Cease & Desist Order No. CCC-07 -CD-II. Thank you t;,r allowmg the additional time to complete this submittal.

1. DBOC has developed a Hazardous Materials Business Plan to comply with 3.1.2 of the Consent Order - WATER QUALITY IHAZARDOUS WASTE. Tins plan is attached as Exhibit 1. When this new Hazardous Materials Business Plan IS accepted by the California Coastal Commission DBOC will convene a meeting with the National Pal'k Ser,-,'ice for theIr conc.urrence,

2. In response to section 3.1.3 THERMAL DISCHARGE and SEAWATER USE; Water is heated ll1 the hatchery and setting tanks to approximately 75 degrees Farenhei!. The miml1111m ambient temperature of the estuary water near the hatchery is approximately 50 degrees Fahrenheit. Heated water is blended with cool water in tanks before discharge into the es:uary. Discharged watcr does not e;G'eed 65 degrees at any time. Seawater intake flow rate is up to 39.6 GPM with the 5HP pump and 22.7 GPM with the I HP pump. The llltake screen has a surface area of 16 square feet. With the larger pump running at full !low (39,6 GPM), the !low rate througli the screen is approximately .31 feet per second. Seawater use is limited to only what is necessary for regular operations.

3. DBOC has created Exhibit 2 (0 comply with Section 3.2.3 of the Consent Order -RE:\lOVAL OF f\BA~l)ONED EQUIPMENT. Exhibit 2 lS a spreadsheet showing tbe: Area, Rack, Number of Bents, GPS Coordinates of each end of each individual rack, and the Condition of each rack. All area racks arc grouped together per California Departl11l'n[ of Public Health Certified Harvest Areas. The nnmerical distinction for [he Condition of Racks is: 1. Good Condition, 2. Needs Repair, and 3. Removal planned. For Exhibit 3 we have produced individual maps for each Harvest Area and have labeled each rack ,,~thin its Area. There are twelve individual areas with twelve coordinating maps in Exhibit 3. The Debris Removal Plan consists of pulling out all debris by hand, loading it by hand onto a barge or boat, taking it to the DBOC dock, loading it onto a truck, and off".hallJing the material to an approved dump site, Removal would be completed within 60 days of approval ofthe Debris Removal Plan, Withm 30 days of completing debris removal, we shall submit (0 the ExecutIve Director and National Park Service a final report detailing the material that was removed, the locations from which this material was removed, the techniques and equipment used, and tile location of the disposal facility.

4, In response to Section 3.2.4 - INVASIVE SPECIES; please find Exhibit 4; Long-Tenn Pennit to In1port Live Aquatic Annnals into California from Kana Coast Shellfish for 2008. Coast SeafooD O"/11S and operates both the Quilcinc Hatchery in Washington state, as well as the Kona Coast Hatchery in Hawaii Orders are placed with the same person

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and at the same phone number for either of their locatious. therefore DBOC was unawa~e in 2007 that a separate imporl permIt was required [or the Kona Coast Hatchery. When ordering larvae from Coast Seafoods. we w~rc unaware from which hatchery we were getting the product. It has come to our attention that !l is necessary to have an import permit from each of the Coast Seafoods hatcheries. Kona Coast Shellfish Hatchery was indeed a source :hat "'ias approved by the California Department ofFish & Game m 2007. Also in response to Section 3.2.4, is Exhibit 5: Proof that all DBOC seed/larvae providers have been certified by CalifornIa Department ofFish and Game to be free to pathogens.

5. SecllOn 3.2.5. BOAT TRil,,l,\,SlT: Provided is Exhlbit 6; a Vessel Transit Plan t,mt includes a higher resolutton aenal map of Drake 's Estero with mooring areas and access lanes (both commonly-used channels and channels used only when certain racks/bags ate active descrihed and differentiated) clearly marked. For commonly used channels, bottom bag culture areas. and mooring areas see ExhIbit 6. Exlllbit 1. shows the access routes taken when it is necessary to access certain active racks.

6. SectIon 3.2.6 HARBOR SEAL PROTECTION AREAS. The Consent Cease and DeSist Order temporanly limits the use of growir,g areas to that which was actively growing oysters when the Califomm Department ofPuhlic Health staff, using a GPS, identified those areas except Bed 17. Bed 17 is shown in its entirety rather than only the actively used portion. See Exhibit 7a for individual bed locations. As you will see in Exhibit 7b the 2007 ~2008 Annual Sanitary Survey; The Approved Area Bed 17 is shown in white. This depicts the entire 25.46 acres of fully approved shellfish growing \vaters. The Consent Order Seal Protection Area bisected this Approved Area -- Bed 17. No oysters were being grown prior to the Consent Order or are being grovm in the portion of Bed 17 that now tails within the Seal Protection Area. Theretore, no oysters either need or needed to be removed. In reference to oysters being grown in Approved Area -- Bed 17. outside of the Seal Protection Area: we utilize ille entire area as shown.

7. Section 32-7 PACIFIC OYSTER and EUROPEAl, FLAT OYSTER. Kumamoto oysters have been removed from Drake's Estero. They were in Bed 39. Please see Exhibit 8 ~Ietter from the California Department ofFIsh & Game. DBOC plans to submit a request to the California Fish & Game Commission for it boundary line adjustment so that these five historic racks are included \vithin Lease number 1\138-01. In the request, DBOC will agree to forfeit an equal portion from the lease from elsewhere in the Lease. These five racks located in Harvest Area 6 constructed in the 1960's that ha\'e been identified by the CCC are shown in Exhibit 9 with a suggested boundary line adjustment.

8. Section 3.2.9 .... USE OF BOTTOM BAGS. Bottom bags are used only in areas devoid of eelgrass. In areas where currents may have the potential to move bags that have been placed on the intertidal substrate. bags arc fastened to anchored ropes. OBOC staff is responsible to assess each bottom culture growing area to insure that no oyster grow out bags are located in eelgrass. Staff is to immediately remove any materials that afe found in eelgrass. Boitom bags containing oysters require attention. As a mle, bags need to he maintained (usually flipped over) on a monthly basis. Intervals may vary depending on the time of the year and the SIze of the oyster. Bottom bags containing clams require far less maintenance, usually about once per year.

9. Section 3.2.10·- MA .. ,([MUM A'Ni\UAL PRODUCTION UMrL In our anginal response to 3.2.10 in our letter dated January 31, 2008, we supplied the CCC with a detailed planting and harvest projection report. Before its submittal, this report was first sent to CDFG for analysis. CDFG madc eertain recommendations for ehanges to the report. After making those corrections to the report; it was re-

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submitted to CDFG fex a final review before it was submitted to the CCc. All information in this report was accurate, yet the harvest projections were off Year to year there are many different corcditions that may affect the harvest level of shellfish. Rainfall, temperature, ocean conditions, larvae quality, seed quality, hatchery conditions and management all contnbute to !,'Towth rate and survivorship of the shellfish. For the past two years, in patiicular, Vihrio tubiashi has caused significant problems for oyster larvae and seed survivorship and performance. This particular condition has significantly affected the DBOC production It is not unusual that harvest projections tum out to be inaccurate. Certainly, if conditions were diHerent, our projections could have been accurate. This is fatming at1d there are no guarantees. It would be irresponsible of us to reduce the maximum production limit to match a year \>;jith poor production. Setting the maximum level below 850,000 pounds would put DBOe into a position of being out of compliance with the consent order, face potential penalties and public embarrassment if a normal or good year were to occur. Another part ofthe reason that DBOC did not meet the projected harvest is that the clams are growing more slowly thall projected. No non-oyster species have been harvested from Drakes Estero yet The clams are, however, still growing at1d will add to the overall shellfish harvest when they begin to reach harvest size. Attached as Exhibit 10 are the monthly ta.x reports as submitted to CDFG for January through August, 2008 as requested. Also, attached as Exhibit I I, are the seed and larvae documentation for 2005 and 2006. The totals for 2005 were 203 million oyster larvae and I million manila clam seed. The totals for 2006 were 103 million oyster larvae, 1.25 million oyster seed and 1 million manila clam seed.

We look fOlward to the agreement that DBOC is in full compliatlce with the consent order. \Vitli this in place, we can concentrate on the permanent Coastal Development Permit

Sincerely,

Kevin Lunny

Enclosures: (Exhibi Is I - I J )

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• DRi\K.ES BAY OYSTER COMPANY 17171 Sir Francis Drake Blvd .. Inverness, CA 94937

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• EXHIBIT 1

HAZARDOUS MATERIALS BUSINESS PLAN 11 Pages

• California Coastal Commission Consent Cease & Desist Order No. CCC-07 -CD- 11

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HAZARDOUS MATERIALS BUSINESS PLAN

DRAKES BAY OYSTER COYIP ANY

Lead Agency: Point Reyes National Seashore Point Reves Station, CA 94956 Contact: Don :'\eubacher, Superintendent

Project Location: 17 I 71 Sir Francis Drakc Blvd. Inverness, CA 94937

The Hazardous Material Business Plan is for an existing Oyster Fann.

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• Drai{es Bay Oyster Company

• Hazardous Materials Business Plan

Table of Contents

• Introduction ........................................................................... 3 Inventory & Storage of Hazardous Materials ...................................... 3 Specific Procedures for Use/Spill Prevention for Hazardous Materials ........ 4 Emergency Response Procedures ................................................... 6 Hazardous Matmial Release Contingency Plan .................................... 7 Spill Containment ..................................................................... 8 • Disposal ................................................................................. 9 Personnel ................................................................................ 10 Training.. .. . .. . .. .. .. .. .. . .. .. . ... ........................... . ........................ 10 Emergency Response Equipment and Supplies. .. ............................... 10 Waste Storage .......................................................................... II • Evacuation Plan ........................................................................ 11

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I.'iTRODUCTION

DBOC has developed a business plan in compliance with California State law AB2185 which requires businesses who store hazardous materials in reponable quantities to submit a plan to the local administrating agency. Reportable quantities are hazardous materials stored in quantities at allY one time in the area, which are greater than or equal to 55 gallons, 500 pounds or 200 cubic feet of gas at standard tempcratllre and pressure. The Hazardous Materials Business Plan will include an inventory of those hazardous materials in reportable quantities.

The plan will also have procedures for emergency response in the event that a hazardous material at the OBOe should be released. This section will also provide emergency phone munbers of persons identified to react to a release. TIlt; hazardous materials business plan will also include a training program, which is reasonable and appropriate for the size of the fann aud the nature of the hazardous materials handled. The training program will include the responsibilities of the employees to be trained and will include methods for safe handling of hazardous materials. It will also include methods for safe handling of hazardous materials. It \~iIl also include procedures for coordination with local response organizations. use of emergency response equipment and supplies and all procedures required for notifying emergency personnel in the event of a release. The business plan will be updated when one of the following occurs:

1) 100% increase in the quantity of a previously disclosed material 2) any handling of a previously undisclosed malerial inlo the inventory 3) change of business address, ownership or name

The president of OBOe will train the supervisors and managers about the Hnardolls Materials Business Plan.

INVENTORY & STORAGE OF HAZARDOUS MATERIALS

1) Gasoline (150 gallons): 27 gallons on vessel 5 30 gallons all shore in 6 gallon approved marine fuel tanks.

2) Lube oils (EXEl\.1PT): motor oil

2) Household Bleach (EXEMPT): 8 gallons at storage unit

3) Other Biodegradable Cleaners (EXEMPT):

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in container of less than I gallon

.4) Paints, thinners, or resins: Less than 5 gallons of each in containers of 1 gallon or less

5) Herbicides, insecticides, fertilizers or poisons - NOT PERMITTED

All hazardous material storage shall be inside the storage container, securely stored and properly labeled,

Note: "Exempt" refers to Califomia State Law .tIJ32185, Reportable quantities are hazardous materials stored in quantities at anyone time in the area, which are greater than or equal to gallons, 500 pounds or 200 cubic feet of gas al standard temperature and pressure,

SPECIFIC PROCEDURES FOR eSE/SPILL PREVENTIO:\, OF HAZARDOUS MATERIALS

I) Gasoline Fueling Fueling of small boats (16-30' vessels with outboard motors) will be conducted using 5-gallon pOliable containers, These containers will be filled at a local gas station,

Spill Prevention Vent cap and tIlling cap are twisted closed prior to transport to small boats, Portable containers are moved to the vessels by a two-wheeled cart down the gangway, Then the containers are moved to the work float followed by lifting by hand into the boat No portable gas tanks are to be left on the dock or mooring floats unattended,

Portable tanks that have leaking connections are to be taken out of service, tagged and stored in the equipment shop until disposal in a safe manner.

Fill cans (1 gallon) for small engines such as pumps, weed whacker, and chain saw will only be filled by a California approved drip resistant container. Cracked or leaking containers are to be taken out of service and tagged,

2) Motor OillLubricating Oil (EXEMPT)

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Crank case dipstick checked daily, Ac:ditional oil will be added as ne,ce1:srury from a l-quart container. Spill prevention-Oil port will be wrapped with an absorbent to catch any oil drips.

Skiffs (J6-30 ')

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III.

Gil changes of outboard motor crank cases- Not permitted over water. Boats will be hauled out and taken to repair shop for oil changes. If a repair shop is not available, the oil change will be conducted inside the equipment shop with appropriate spill prevention in place.

Appropriate spill prevention includes: absorbent materials, drip pans, and rags. Tarp and oil absorbent material will be placed under the outboard motor with oil catch basin in place.

Waste oil will be stored in a marked container with lid until recycling.

Vehicle oil change-Vehicles will be taken to repair shop away from the farm.

3) Household chloriue Bleach (EXEMPT) Chlorine is used as a disinfectant in shucking and packing facility. Chlorine is stored in storage containers.

4) Other Biodegradable Cleaners (EXEMPT) Cleaners, such as "Simple Green" are authorized for use at DBOC. Discharge will be plumbed to the septic system.

Wall cleaning of the facility and other food handling equipment is to be conducted by a septic safe cleaner. These septic safe cleaners may include HS 110 and approved by US FDA for food handling equipment.

Only cleaners marked "septic safe" are pemlitted at DBOC.

Spill prevention - Absorbent pads or rags will be available in the event of a release.

5) Paints, thinners or resins (EXEMPT) All paint, thilmers, resins and other routine shop repair items will be stored in the storage container. These items will be stored in quantities that do not exceed 5 gallons.

Spill preventiOI1- Store containers in an upright position. Twist caps shut after each use. Use the containers contents completely.

6) Herbicides, insecticides, fertilizers or poisons Not permitted at DBOC.

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EMERGENCY RESPONSE PROCEDURES

DBOC shall take all necessary measures to prevent leaks or potential leaks. However, should a hazardDus material be released by accident the following will occur. In accordance with our policy on emergency situations. anyone witnessing such an act or occurrence will immediately notify the president ofDBOC or a manager at DBOC. Upon n:ceipt of a call that here has been a release, the manager will immediately:

I) notify those persons on the emergency call lis! located within the plan 2) immediately survey the area keeping upwind of the release 3) make a note ofthe location aod pDssible name or type of chemical released and

convey this information to those persons responding fi'om the emergency call list. 4) Ifnceded, fann personnel will go to the intersection of Sir Francis Drake Blvd

and Oyster Company Road (0 direct emergency responders to the site"

The first responding persOlmel \'/ill make the detenninatioll \vhether or not to notify local fire and police and will make attempts to control the release. In any event, notify the Marin County Emironnlental Health Services and the State Office of Emergency Services, as well as other agencies, depending on the amollnt and type of material released. If the situation is deemed out of control or beyond the scope of responding personnel, the Fire Department and Police Departments will be notified. The emergency response personnel will then act as liaison to the Fire Department or to the proper anthorities.

DBOC will keep on hand the following: chemical spill kits capable of handling a mimmum of 10 gallons. Any quantities in excess of the above will have to be dealt with by local authorities.

At least annually, management \,ill contact the Marin County Fire Department and the National Park Service to request a fire safety inspection at the funn. A tour will be conducted for fire fighting persOlmel of the buildings, dock and adjacent roadways in order to familiarize first rcsponders with the terminal. Fann personnel will patiicipate from time to time in drills to respond to earthquake, tsunamis, flooding and other disaster preparedness. The DBOC manager is responsible in insuring that the terminal has all appropriate safety equipment on haod. This will include: PFD's (personal Hotation devices), fire extinguishers, absorbent materials, and waste containers. Al least monthly, maoagers will review the location and use of safety equipment with the crew and note any expired materials, including fire extinguishers, tom PFD's, spent air homs, flares or othcr expendables spill aod safety equipment. Managers are authorized to purchase new safety equipment as needed {i'om West ylarine Products ill Sausalito, Califomia.

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HAZARDO()S MATERIAL RELEASE CONTINGENCY PLAN

ACTIONS

L III a release situation the following are actions that persOlmel should use:

1) Use proper protective equipment 2) Keep unauthorized and unnecessary people out of the area. 3) If possible, stop and contain the leak (see section on spill containment). 4) If possible, prevent the material from getting into drains or water courses 5) Use approved absorbent and or diking methods. 6) Clean up the material (see section on disposal). 7) Notify immediately the County Office of Emergency Services if there is a

"reasonable belief' that the release or threatened release poses a significant present or potential hazard to human heallh and safety, property, or the environment

8) In the event of an oil spill notify: National Response Center (1-800-424-8802) and The California Office of Emergency Services (1-800-852-7550) and California Department of Fish and Game, Oil Spill Prevention and Response, Sacramento office at (916) 445-9338.

All the materials necessary to control a release are located in the following areas:

I) In the storage container (see section on equipment and supplier) in a specially designated area. Personnel have been shown the equipment and understand its lise.

Oyster Skiffs (16' and 18'):

1) Materials can be found in the an storage compartment.

II. If for any reason a serious situation such as an earthquake, fire, spill or leak tbat cannot be safely or completely controlled and cleaned, the following procedure will be implemented:

1) Evacuate the immediate spill area. Go upwind and stay npwind or the spill. 2) Notify the emergency response personnel immediately (see section on personnel

notification) . 3) Prevent anyone except emergency personnel from entering the area by using

caution tape, rope, signage, or other available warning devices. 4) Notify the Marin COlUlty Environmental Health Services (see personnel section

for phone numbers).

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5) The County Office of Emergency Services must be notified immediately ifthere is a "reasonable belief' that the release or threatened release poses a sigmfieant present or potential hazard to human health and safety, property, or the environment. EPA must be notified immediately if there is release in a quantity equal to or exceeding the reportable quantity as listed in 40 CFR 302.4, galions of hazardous waste or 1 quart of extremely hazardous waste.

6) Start a perimeter setup (see section on perimeters for large spills or releases) to contain the spill, keeping employee safety primary.

7) Notify U,S. Coast Guard if a gasoline spill could pose a safety risk or threat to aq ltalic environment.

8) In the event of an oil spill notify: National Response Center (1-800-424-8802) and The California Office of Emergency Services (1-800-852-7550) and the California Department ofFish and Game, Oil Spill Prevention and Response, Sacramento oillee at (916) 445-9338.

PERIMETERS FOR LARGE SPILLS

Always stage a response upWind from a contaminated area.

1) Decontamination area off the dock on a nearby concrete slab where rnn-off can be contained with absorbent pads, sand, or kitty litter necessary to limit the spread of the spill by absorbents or sand dike,

2) Emergency response efforts function best with one person in charge and one assistant, In a spill situation, ruling with committees is inetTective in making instant decisions,

3) Entrance is controlled to lhe spill area by directing excess employees to a safe evacuation area,

HotSpot

1) Area immediately surrounding the spilL 2) Area is generally unsafe to enler because of tIre, excessive vapors, etc,

SPILL CONTAINMENT

The following procedures should be lIsed to contain a spill:

1) Assess the scene, 2) Try and ascertain the material that was released from a distance, 3) USE PROTECTIVE EQUIPMENT. 4) Stop lhe source of the leak by closing the valve or rotating the container or

shining its posillon so the leaking stops, 5) Cover the drains or other possible escape routes, dike ifneeded. 6) Channel the spill if necessary to a place where it won't spread. 7) Use absorbent pads or neutralizers to soak up the spilL 8) Repair the container or place it into a larger one that won't leak.

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9) Clean up the spill. 10) Decoutaminate any protective equipment you have used.

The following are commonly used diking and absorbing materials:

I) Sand or cinders can dike only washes out easily very heavy

2) Clay Pellets or chips (kitty litter or Safe-T -Sorb) absorbs better than sand somewhat lighter than sand

3) Diatomaceous earth (floor dry granules best) absorbs better than clay material is lighter than clay is heavy enough to dike with if needed

4) Silica type absorbent (vermiculite) very light will not stay in place with wind not a good diking material

5) Organic material (sawdust or rice hull ash) most absorbent of materials often reacts with hazardous materials light and blows away

6) Synthetic woven pads, pillows or booms can be hydrocarbon discriminatory or non-discriminatory have the greatest weight to amount picked up ratio cost the most

DBOC stores the following materials to be used as absorbent. These materials are stored in the storage container.

1) Cat Litter 2) NOlihstar Sorbent Absorbent Pads (West Marine Products)

DISPOSAL

Once the spill is contained and the leak stopped, clean up and decontaminate using the following methods:

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1) Collect all material and soiled absorbent pads and place it in a contamcr large enough to hold it.

2) Place marc absorbent down on the arca and thoroughly absorb all moisture. 3) Once all materials are in the container, seal the unit and immediately label with

hazard \vasle label. 4) Place it in an appropriate storage container. 5) Decontaminate reusable equipment using a washing solution. 6) disposable gear in an appropriate container. seal and place a hazardous

waste label on the container, then place it with the recovered material for disposal. 7) Wash exposed skin thoroughly with soap and water.

PERSONNEL

Address Work/Cell #

1) Kevin Lunny 17171 Sir Francis Drake Blvd. 415/669-1149 415/669-1209 Invemess, CA 94937 415/246-4556

2) Julie Garagliano 17171 Sir Francis Drake Blvd 4151669-1149 4151669-1610 Invemess, CA 94937

The following organizations will be given a copy of this plan and should be called if assistance is needed:

Point Reyes National Seashore 415i6638522 ]l.1arin County Fire Department !Emergency Response Tcam 911 Marin County Sheriff's Department 41 11 The CA Department ofFish and Game (Spill Prevention) 800/334-2258 U.S. Coast Guard (National Response Center) 800i424-8802 OES (Office of Emergency Services, Sacramento) 800!852-7550 Marin County Environmental Health Services 415/499-6907

TRUNING

Training will be provided by the president or managers of DBOC on a routine basis and will include yearly updates on all applicable hazardous materials and safety plans

K\1ERGENCY RESPONSE EQUIPiUENT A.l'iD SUPPLIES

The following will be stored in the storage container:

I) each Northstar Sorbent Absorbent pads (17" x 17") 2) 2 each Kitty Litter (25 Ibs) 3) Small spill kits, each containing:

1 each 5 gallon bucket 1 each [ace shield

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1 pair rubber gloves 1 pair goggles 1 kittv litter with plastic bag 2 each sealable plastic bags

First aid kits arc available in all vehicles and in the OBOe employee hathroom.

Fire extinguishing eqnipment is located in the DBOe store and in each vessel as indicated by signage or in marked cabinets,

WASTE STORAGE

For an emergency operation, any hazardous waste material stored temporarily inside the storage container will be securely stored, properly labeled and inspected daily until a licensed hauler can be scheduled to remove it

EVACUATION PLAN

If an evacuation of the oyster fann is deemed necessary because of a hazardous release, please proceed to an upwind location until notified to return to the site,

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• DRAJeES BAY OYSTER COMPANY ! 7171 Sir Francis Drake Blvd., Inverness, CA 94937

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• EXHIBIT 2

• RACK DATA SPREAD SHEETS 4 Pages

• California Coastal Commission Consent Cease & Deslsl Order No. CCC-07 -CD-II

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AREA RACK # BENTS NORTH WEST NORTH WEST CONDITION

341l. 44 38.07621 122.93819 38.07485 122.93826

4A 21 38.07305 ! 22.93553 38.07218 122.93558 1 4 B 23 38.07304 122.93542 38.07213 122.93546 1 4C 2:, 38.07303 122.93533 38.07213 12293533 2 40 15 3807201 122.93558 38.07145 122.93556 1 4 E 26 38.07201 122.93546 38.07111 122.93548 2 4 F 26 38.07206 122.93537 38.07111 122.93536 4G 39 38.07094 122.93557 38.06963 122.93553 4 H 40 38.07099 122.93546 38.06961 1 2 41 10 38.07206 122.93529 :l806982 122.93581 2

38 A 18 38.06143 122.92702 3806195 122.92648 38 B 13 38.06135 122.92689 38.0618 122.92649 38 C 24 3806238 122.92434 38.06161 122.92477 1 38 D 44 38.06238 122.9242 38.06113 122.92492 1 38 l 18 38.06069 122.92517 38.06021 122.92581 2 38 F 29 38.06021 122.92546 38.05952 122.92649 2 38 G 10 38.06084 122.92501 38.05955 12292657 2

41 A 12 38.06021 122.92778 38.06038 122.92832 41 B 11 3806036 122.92774 38.06044 122.92828 41 C 21 38.06041 122.9284 38.06061 12292932 1 41 D 14 38.06048 122.92828 38.06063 122.92895 2 41 E 26 3806056 122.92824 38.06081 122.92946 2 41 F 14 38.0597 122.92849 3805943 1229289 2

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SA 25 38.06166 122.93139 38.0622 122.93221 6 B 32 3806235 122.93284 3806305 122.93387 6C 10 3806359 12293403 . 3806302 122.93344 2 60 17 38.06308 122.93419 38.06352 12293482 1 G E 30 38.06266 122.93507 3806334 122.93604 1 6 F 15 38.06381 122.93457 3806426 122.93497 6G 33 38.06263 12293518 38.06321 122.93615 1 6 H 10 38.06298 122.93492 38.06302 122.93568 2 61 16 38.06419 122.93618 38.06459 122.93674 2 6 J 26 38.06417 122.93592 38.06464 122.9366 2 6 K 18 38.06445 122.93586 38.06487 122.93635 2

9A 10 3806356 122.94019 38.06319 122.94019 2 [) B 24 38.06392 122.94006 38,06328 122.94006 2 9C 15 38.06297 122.94016 3806245 122.94018 9D 15 38.06296 122.94005 3806244 122.94012 1 9 E 21 38.06295 122.93996 38.06223 122.,)3995 2 9 F 12 3806271 122.93956 38.06229 122.93967 2 9 G 11 38.06271 122.93949 38.06229 122.93952 2 91-1 17 38.06231 122.94025 38.06174 12294026 1 9! 18 38.06229 122.94013 38.06171 12294013 1

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8A 21 38,06702 122,9391 3806625 122,93933 8 B 20 38,06969 12293904 38,06625 122,9392 8 C 19 3806697 122,9389 38,06625 122,93905 80 29 38,06697 122,93842 38,06594 122,,)386 , , 8 E 29 3806693 122,93829 38,06593 122,93848 1 8 F 22 38.06675 122,93821 38,0559 122,93838 1 8G 29 3806672 122,93787 38,06569 122,93785 2 8 tI 29 38,06669 122,93774 38,06572 122,93775 2 81 30 38,06665 12,93758 38,06569 122,93763 2 8 J 14 38,06618 122,93906 38,06574 122,93927 2 8 K 21 38,06575 122.9396 38,065 122,93977 2 8 L 12 38,06574 122,93951 38,06529 122.9396 8M 61 38,06576 122,93863 38,0638 122,93909 2 8 r~ 61 38,0657 122,93858 38,0637 122.93906 2 BO 43 38.06482 122,9386 38.06369 122,93896 2 8P 44 38.06481 122.93852 38,06368 122,93885 2 80 42 3806477 122,9384 3806371 122.93871 2 8R 29 38,06522 122,93753 38,06438 12293754 1 8S 27 38.06517 122,93742 38,06435 122.93741 1 81' 32 38,06528 122,93727 38,06435 122.93729 1 8 U 15 38.06499 122,93951 38,06382 12293382 1 8V 14 38,0637 122,93868 38,06396 122,9396

21 A 18 380569 122.94791 38,05711 122.94853 2 21 B 19 38.05681 122,94791 38.05704 122.94859 1 21 C 18 3805681 122,94656 38,05695 122.9474 1 21 0 19 38.0567 122,94659 38.05682 122,94747 2

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22 A 41 3805947 122.94532 38.05984 122.94695 2 22 B 28 38.05958 122.94599 3805975 122.94707 , , 22 C 10 38.05962 122.9466 38.0596 122.94708 2 22 0 30 38.05935 122.94513 38.0596 12.9471 2 22 E 37 38.05901 122.,)4576 38.05931 122.94721 2 22 F 29 38.05897 122.94603 38.05923 122.94725 22 G 31 38.05882 122.94604 38.05915 122.94724 1 22 H 10 38.05824 122.9456 38.05866 122.94793 2

12 A 20 38.05903 122.94091 38.05836 122.93998 2 12 B 15 38.05872 12294067 38.05821 12294002 2

13 A 15 38.05835 122.94135 38.05792 122.94088 2 13 B 17 38.0583 122.94144 38.05783 122.94091 2 13 C 17 38.0582 122.94152 3805779 122.94096

11 A 17 38.05988 12294297 38.05976 122.94228 1 11 B 14 38.05977 122.94296 38.05963 122.94228 2 11 C 16 38.05955 122.94293 38.05931 122.94226 1 11 0 16 38.05939 122.943 38.05927 122.94226 1 11 E 13 38.05914 122.94291 38.05898 122.94231 2 11 F 17 38.05902 12294295 3805885 122.94228 1 11 G 16 38.05902 122.94328 38.05848 122.94281 2 11 H 24 38.05924 122.94355 38.05841 122.94292 2 11 I 24 38.05927 122.94371 38.05841 122.94299 2 11 J 24 38.05918 122.9438 38.05837 122.9431 2 11 K 23 38.05868 122.94399 38.05824 122.94322 2 11 L 12 38.0579 122.94292 38.05739 122.9426 2 11 M 10 38.05785 122.943 38.05743 122.94254 2

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DR.II,XES BAY OYSTER COMPANY 17171 Sir Francis Drake Blvd., Inverness, CA 94937

EXHIBIT 3

INDIVIDUAL AREA .MAPS SHOWING RACK IDE.'ITIFICATION AND SECO.'lDARY VESSEL TRANSIT 12 Pages

Califomia Coastal Commission Consent Cease & Desist Order No. CC(>07-CO-ll

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DRAKES BAY OYSTER COMPAKY 17171 Sir Francis Drake Blvd., Invemess, CA 94937

EXHIBIT 4

KONA COAST SHELLFISH CERTIFICATE 1 Page

Califomia Coastal Commission Consent Cease & Desist Order No. CCC~07 -CD-II

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State of California The Resources Agency DEP AlUMEl'. T OF FISH AND GAME Marine Region p.o, Box 1560 Bodega Bay, CA 94923 (707) 875-426J (707) 875-4269 FAX

FOR DEPARTMENT USE ONLY

Permi,;; /;f/If - L -,fJ'Z ~ "Ii' Pennir Tenn (no more than 12 momb,)

From:;;!.1MQ9To: 26 a:fl Fees Received: #. ~f).t7{} Check#:_~ __ =~=~~ .. I

LONG-TERM PERMIT TO IMPORT LIVE AQUATIC ANL'rIALS INTO CAUFOR~IA • (Authority and Reference: Section 236. TItle 14, California Code of Regulations)

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Name of Importer: Drakes Bay Oyster Company Phone: (415) 669-1149

Mailing Ad<i",ss: 17171 Sir Francis Drake Blvd,

City: Inverness ~~_ State: CA . ____ .~.~ __ Zip Code: 94937-QQ!lil __

Species to be Imported:

Supplier: Coas_t_S_ea_fl_OO<lS __ ' _______ . Phone:. (360) 875-5557

Address: .23-4460 Quee". Ka..>iliur:umanu Highway, III O_6 ___ .. ______ . __ .~ _______ ._~ ___ .

City: _Kailua-Kona ____ State: Haw_a_i_i ________ _ Zip Code: . .2.§740-0000

Source Location( s):

Koua, Hawaii

DestinatIOn and Use:

Drakes Estero, California

- //. AppUcant's Signature: __ ! ~ .

;/. ::::~ ----~d,/ Approved By~ /t-. . tv/..,?. Ussued~~~ Date Isslied: C2 7 a/2t9&2'"

FG 786 (Revisedlil()4) RECEIVED

OCT 2 7 2'3D8

DEPT OF ~lSH & GAM~ BODEGA 8~Y OF"ICE

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DRAKES BAY OYSTER COMPANY 17171 Sir Francis Drake Blvd., Inverness, CA 94937

EXHIBIT 5

WHISKEY CREEK SHELLFISH HATCHERY & COAST SEAFOODS SHELLFISH CERTIFICATES 2 I'ages

California Coastal Commission Consent Cease & Desist Order No. CCC-07-CD-ll

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S:ate efCaIlfomia The Resources Agency DEPARTMENT OF FISH AND GAiVlE MariCle Region P,O, Box 1560 tlede"a Bay, CA 94923 (707) 875-4261 (707) 8754269 FAX

FOR DEPAR1".1f'NT

Penuit Teml (nQ moe'.: :han I::: n:onths)

From: ';I~f "liTo: IS';'f t:J&f Fee.- Received ~_" '-?(I.AiL __ Check # __ ..... :'...L2;""-____ .~ __

• LONG-TER:'I'l PERMIT TO IMPORT LIVE AQLATlC ANIMALS INTO CALIfORNIA (Authorityanc Rcrerer,ce: S~.::ttor:. 236, T:tle 14. Calif(lm;a Code ofRegulalcus)

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Kame oflmperter ,Drakes 3.::.' .::.ay.::..::.O'-".::.·s.::.te __ r...:C...:o __ m __ D.::.an=v ____ .~ __ ~

_______ S:a:e: -'cCc..A"--________ ~ Zip Code: _jl'l2.rr:QQilil._~

to be imported:

Supplier: Coast Seafoods ___ ~ Phone: (425) 702-8800 .......... -~~~~~

Address: 14711 NE 29th Place, Ste III

State' WA City: Bellevue ---- ~~--~~~--

Sou;-cc LOCa!ldn(sj:

Drakes Estero F .. ' ........ _ ........ ·

l_ .... ~m.. ___ -----------.l

Applicant' 5 Signature: / , .

~~ ~ Y~~ ApprovedBy~ m+ .. __ ISSlledBY: __ ",,~~~ ~

Date Issued: :l..:!~ ~f' RECEIVED

FG 786 (Rcvised6/04} SEP 0 2 Z[lOt

DEPT OF FiSH & GJ\\o1E BODEGA BAY O~FICE

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No'! 14 08 09:298

State of Califo:-nia The Resources AgeHcy DEPARTME'iT OF FrSH AND GAJ\[E !\'Iarine Region I'D, Box ,560 El;)dega Bay, CA 94923 (7U7) 875,4261 (707) 875-4269 FAX

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FOR DEPARTMENT USE OSLY

"en",t Ii: Ih'R -.L-:ta::- p 39 Pe{mlt Term (n;) more than 11 t1100tr.s:

~ron:::t.s~jfo ;f'F-!?:l Fec, Received: ~!.Ji.!~LrL. __ CLeek Ii' . ¥£,S Z

LONG-TERM PERMIT TO IMPORT L1v'E AQUA TIC A,"IMALS INTO CALIFORNIA (Authonty and Refc;ellce: Secrion 236, TWe l4, California Code of Rcgubtions)

Ph 669-1149 one: ~.~~ __________ _

2!:::"112~SS ________ ~_ State: --":C,,,A~ _______ Zip Code., 97937cQQQQ

to be lm;>crtcd:

PBCltlC Oyster Larvae

Supplier: \\.fhiskey CreeK S:'Jet~fisl; flatche;y

AddresS: 2975 NdaIts Bay Roaj \Vest

_T_j[_13_0_,0,-0_'_' .'., __________ State: _O_R __ , _____ _ Zip Code:--.2.?},~l.:0000

• Source !.ocation(s):

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D!'akes Esterl)

Applicam's

• Ap[>roved By. ::::::~~~L;L:.:;Z"::L---­

Date Issued: ;;;;. reAJO;: .zp tPP

Issued By: .. "'~ RFCiFIVr::n

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DRAKES BAY OYSTER COMPANY 17l7J Sir Francis Drake Blvd., Inverness, CA 94937

EXHIBIT 6

VESSEI~ TR<\NSIT PLAN 1 Page

California Coastal Commission Consent Cease & Desist Order No, CCC-07-CD-ll